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DO YOU KNOW WHERE YOUR DEBTOR IS?

It is important that the address details that you provide to the Court in civil enforcement procedures are correct, particularly in respect to a Financial Assessment Hearing.

If a summons for a Financial Assessment Hearing is served upon your debtor, who later does not turn up at the Court to be examined, you can request the Deputy Registrar to issue a Warrant to Arrest.

The Court bailiff will attend the address that you, the creditor, gave to the Court in your initial application. If your debtor has moved or your debtor was served at a place that was not their home or work place, you will have to provide another address to the Court where the Warrant to Arrest can be executed.

There will be an additional $50.00 filing fee for every subsequent address that the Court is given to have the Warrant to Arrest executed.

Updating personal details is basic housekeeping in the collection of money. Generally, if you do not know at all times where your debtor can be found, the chances are that it’s unlikely that you will be paid until you do.

At every opportunity possible ask, “where do you live now and where do you work now?” and then ask “ When do you leave this address or your employment”.

The response given will indicate whether the risk of your debtor being a flight risk and therefore not being paid has increased or alternatively the risk stays the same.

Ask direct questions. Debtors are very unlikely to volunteer any information unless you ask the question.

Disclaimer:- This article is not legal advice. It is recommended that you obtain independent legal advice before acting upon anything contained in this article.